Legal Question in Family Law in India
Can i apply for annulment of the wedding on the grounds of non-consummation, mental cruelty & hardship?
I got married in Mid Feb 2020 & the marriage is not consummated yet as my wife stopped me whenever i tried. Things were not going fine as she was trying to dominate everyone me by not following some rituals but i still supported her. Things went worse as after 10 days of wedding when i was fed up with the the way how things were shaping up as everyday she had something new to argue about & but i decided not to talk. After trying her best to make me say something, she abruptly called her parents at 3am crying & told them to come immediately & she is scared to live here. They arrived very aggressively & instead of coming inside the house & talk about what happened, they started screaming from outside the house & abused badly which is recorded on CCTV. Her mother abused my mother by using the words like prostitute, deserving widow, cheap lady, also they were openly screaming & shouting about dowry & domestic violence in front of all our neighbours as if that was their game. Her brother also slapped me in front of my neighbours & security guard. After that night i decided that i am not going to be in this relationship any longer. And thought that she will also leave the house on her own anyway, but to my surprise, she wasn't ready to leave the house even after humiliating my family. So I decided to leave my house & moved to one of my friends house as i didn't want to live with her anymore. Her family came to our house to apologise twice after that which is being recorded with audio in a CCTV in our living room (which i installed next day after the incident). During my absence, she even argued with my mother a lot (recorded with voice). And when she realised that i have made up my mind & not going to come back, after few weeks she went to her parents' home in march & since then we are not in touch.
2 Answers from Attorneys
the petition for annulment can be filed within one year of marriage.
Yes after one year. However a letter to the SHO of your area police station narrating the incidents must be sent immediately.